In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injured party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down. Of the slip and fall cases I have interviewed and investigated, I have found that usually, some physical feature of the premises (the flooring or environment) was a substantial contributing factor in over 60% of the slip or trip and fall cases. Please keep in mind that this percentage does not rule out more than other factors (proximate cause) of the slip and fall accident.
There should be careful consideration of the biomechanics of the injured party's fall; usually, with this careful consideration, the identity of the hazard will reveal itself. On some occasions, there is no apparent explanation for the manner or biomechanics of how the fall occurred. In these types of cases, it is necessary to look at the causative factors not associated with the premises. Among some of these factors to look out for is the state of repair and style of the injured party's shoes. In my slip and fall injury practice, I always ask my client to save their shoes (preserve them) for evidence until the claim has been resolved. Another factor to look at is the injured party's age and mental state at the time of the slip and fall accident. Different standards can apply to children's falls and falls of the elderly. Also, consider the injured party's gait and manner of walking, including any physical disabilities or impairments suffered by the injured party, and even outside intervening conditions or events that could have caused the injured party to generate unusual moving forces or walking. You have to think outside the box on slip and fall cases, and this means you need to consult with experienced legal counsel so you can make an informed decision on your specific injury case.
